K KUNHIKANNAN NAMBIAR Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) In 1978 the petitioner was working as Village Assistant, Keezhallur Village. Subsequently he was promoted as Village Officer. While working as Village Officer, Keezhur, he was served with Ext. P1 memo of charges dated 13-3-1990 directing him to show cause why he should not be awarded with penalty of stoppage of annual increment for 3 years with cumulative effect. The following were the charges framed against him:

(2.) Petitioner submitted Ext. P4 explanation to the memo of charges, denying the allegations made against him. He submitted that he was not the Officer who filed the report, but it was done by his superior. He emphatically denied the allegation that he had acted dishonestly, fraudulently etc. His case is that the true facts have not been taken into consideration by the disciplinary authority. In the penultimate paragraph of Ext. P4 he submitted as follows:

(3.) The 3rd respondent Sub Collector passed Ext. P5 finding the petitioner guilty of the charges. After going through the explanation of the petitioner and the Village Officer and the report of the Taahasildar it was found that the petitioner acted malafide in measuring the land as